New Bill May Change Law on Refusing to Help Police

An 1872 law makes it a crime to refuse to assist law enforcement

New Bill May Change Law on Refusing to Help Police

Picture this scenario: you’re walking down the street, when a police officer yells at you to stop and help him make an arrest. Confused, you look around. Is he talking to you? You keep walking, because you don’t think that you’re supposed to be arresting people…and next thing you know, you find yourself in handcuffs, and charged with a crime.

Does that sound far-fetched? It might be — but it IS possible under an 1872 law that is still on the books in California. In California, it is a crime to refuse to help the police. According to a criminal attorney Los Angeles, CA, the Posse Comitas Act of 1872 makes it a misdemeanor for an “able-bodied person” aged 18 or older to refuse to comply with a law enforcement officer’s request for assistance in making an arrest, recapturing a suspect who is fleeing custody, or “preventing a breach of the peace or the commission of any criminal offense.”

This law has its roots in California’s frontier days, when there were few law enforcement officers — and many outlaws. This form of law was used throughout the United States, including to capture escaped slaves through the 1850 Fugitive Slave Act. A similar law was also used in medieval England.

While this law has a substantial history in California, there is a question of whether it has any present value. Senate Majority Leader Bob Hertzberg, a Democrat from Los Angeles, recently introduced legislation to repeal the Posse Comitas Act. According to Senator Hertzberg, the bill is antiquated and no longer needed. Moreover, keeping it on the books allows law enforcement to bring unnecessary charges and fines against Californians. Senate Bill 192 would remove the Act from California law. The California Police Chiefs Association has not yet taken a position on the bill.

The Posse Comitas Act is just one example of an old law that is still on the books in California, and can have a serious impact on your life if you are charged with a violation of this law. According to a skilled criminal attorney Los Angeles, CA, laws like this may allow a police officer to charge an otherwise innocent person with a criminal offense — getting them involved in the criminal justice system and potentially using it as justification to investigate other alleged crimes. A repeal of this law would be another step forward in the reform of California’s criminal justice system.

If you have been charged with a criminal offense, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced criminal attorney Los Angeles, CA.

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